Law (Violation – Error)

Law (Violation – Error)
Application of Article 353 of the Civil Transactions Law
According to Article 353 of the Civil Transactions Law, the court may not, on its own initiative, rule that a claim is inadmissible or that the right to claim has lapsed due to the passage of time. Such a plea must be raised by the debtor or by any other party with a legitimate interest in doing so, even if the debtor himself does not raise it. It may be invoked at any stage of the proceedings, including before the Court of Appeal—unless the circumstances show that the defendant has waived the plea.
Waiver of the statute of limitations, in all its forms, is a unilateral legal act that becomes effective solely by the will of the party entitled to it, once the right to invoke it has been established. Such waiver does not require any formal condition; it may be made expressly by any wording that conveys such intent, or implicitly through conduct.
Principle No. 44
In Labor Appeal No. 844/2019 – Judicial Year 21, Page 155.